Re-entry on H1B - AP Pending

[garywarrier]

Hi,
My have applied for my AP renewal and it is still pending. I have a valid H1B visa. However, last time around, I entered the country using my AP. I had a couple of questions:

• If the extension/renewal does not come through in time; can I just re-enter using my valid H1B?

• With regard to last stamped AP. The Parole Stamp says ‘Paroled until 3/15/2009…does this mean this is still valid; although the top portion says ‘prior to October 02, 2008’?
• Lastly, my Wife also last re-entered using her AP. Is it necessary that both of us be on the same status? If I re-entered on my valid H1B, our statuses would not match.

Thanks for the help,

[jk0274]

1- Yes, you can reenter with your valid H1 visa without your I-485 being abandoned.

2- The date on your I-94 ("paroled until 3/15/09)" can be safely ignored as long as your I-485 is pending. The officers at the port of entry always stamp I-94s issued for parolees with the one-year limit, but it does not affect your legal presence in the US as long as your I-485 application is still pending.

3- It is not necessary that you both be in the same status. If you enter under H status, she can still use her AP. However, if you happen to enter as a parolee, she cannot enter under H-4, because you (the primary H-1B) will not be in H status at that point, so you can't have dependents in the US with H-4 status. But in the case you described above, it's perfectly okay for you to enter under H status and for your wife to be paroled.

[satgym73]

This is just for your information: One of my friend have faced the same situation. He wanted to enter in H1B and his wife has to enter in AP (since she used EAD to work). They were in the same line at POE. Officer asked him to use AP only not H1B itseems. So, they've both used AP at POE.

Originally Posted by jk0274

3- It is not necessary that you both be in the same status. If you enter under H status, she can still use her AP. However, if you happen to enter as a parolee, she cannot enter under H-4, because you (the primary H-1B) will not be in H status at that point, so you can't have dependents in the US with H-4 status. But in the case you described above, it's perfectly okay for you to enter under H status and for your wife to be paroled.

[garywarrier]

Thanks folks - your responses were very useful.

I hope that my AP gets approved before I leave on a business trip in about a month. If not, I am planning on using my valid H1B stamp (valid until 2010).

On another note, I received a strange RFE for my pending renewal AP:

"Submit a copy of your birth certificate, which has been registered with
the proper civil authorities".

Although, I did submit my birth certificate along with the 485 application. Not sure why this came in for a renewal AP. In any case, I sent the BC in once again.

Any thoughts?

[kongis]

Hi all, i just got hold of this forum today and must say am hapy with the contributions in here. Am Kong currently studying in the UK. I won DV 2009 and got my notification late match 2008. I sent the reply one week later and i just got the second NL and my interview is scheduled for oct 1 2008.
I would like to seek your advise on this.

On the first form i gave the date when i will b through with my BA which was Sept 2008 but indicated the BA will be pending. But is rather unfortunate i could not finish on the aforementioned date because i caught ill and could not write my thesis.
Any one can help me on this.....what advise would you give me if am asked for the BA though i will carry my transcript along. Please i need your opinion

[jk0274]

There is another forum on this website for DV lottery winners. You may find some more info there. As for your question, you didn't commit fraud so you have nothing to worry about. Life happens. As far as the interview goes, you only need to show that you have a high school diploma. A BA is not required for the lottery. So just take your high school diploma with you to the interview and you should be okay.